Full disclosure of prior legal problems

One of the more personally difficult decisions
that law school applicants must make concerns disclosure of legal
problems such as arrests or convictions. Full disclosure is the
best choice.

Admission to law school. Some law schools ask
for disclosure of arrests and convictions. Admissions committees
are familiar with applicants with a legal mark on their records.
Provide the information and let them decide how to use it in the
admissions decision. Committees pay attention to the seriousness
of the offense and whether there is a pattern of questionable
behavior (e.g., a series of alcohol offenses). Other charges
attest more directly to the applicant’s character;
plagiarism or fraud affect an applicant’s veracity. Most
law schools have a privacy policy that prohibits disclosure of
information on application forms. So it is important that an
applicant not lie, including lying by omission to distort the
record. An arrest or conviction does not preclude admission or
joining the bar.

Admission to the bar. Some state bar
associations require applicants to disclose arrests and
convictions. If there is a discrepancy between what the law
school reports to the bar, and the bar disclosure, the major
issue then becomes the veracity of the applicant, not the minor
offense. This can delay admission to the bar, or you may be
denied admission to the bar for failure to disclose
information.

Convictions are less important for law school admission
than admission to the practice of law. The West Virginia
Supreme Court of Appeals,
In re Dortch, 199 W.Va.571 (1996) held that a man who
served 15 years in prison for second degree murder, attempted
armed robbery, and conspiracy, was released and graduated from
law school, could be denied admission to the practice of law
despite the fact that a 3/5 vote of Board of Bar Examiners
recommended admission. See also
In re Mcmillian, 578 S.E. 2d 339 (2000).